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Updated almost 10 years ago on . Most recent reply

Account Closed
  • Specialist
  • San Antonio, TX
351
Votes |
865
Posts

title issue

Account Closed
  • Specialist
  • San Antonio, TX
Posted

I have a seller call me that have a house where one spouse was award the house in a divorce degree a number of years ago and and never went to the trouble of getting the former spouse off the deed now they want to sell. The former spouse wants part of the sells proceeds to sign off. 

The property is in the Dallas Texas area. 

Any new advise about and beyond saying go talk to an attorney would be great.    

Most Popular Reply

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Jim Viens
  • Rental Property Investor
  • Kansas City, KS
222
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604
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Jim Viens
  • Rental Property Investor
  • Kansas City, KS
Replied

Another idea (it varies by state) is to check the divorce decree to see if it has "conveyance language". What this means is in rare instances the divorce decree will indicate something along the lines of "If no deed is filed this decree may act as a conveyance." If this is the case you can take a copy of the divorce decree to the courthouse and file it with the land records to act as the "deed" putting title solely in the seller's name. When I worked in the title insurance business several years ago, we would insure properties with this type of conveyance.

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